Sec. 153.431 - Purpose.

(A)

This subchapter is adopted to promote and enhance a superior community environment, to maintain the rural character, to maintain air quality and ecologic balance, to maintain property values, and to ensure the maximum preservation of the valuable natural features and scenic character as stated in the General Plan of the Town by establishing minimum standards and requirements relating to the protection of trees.

(B)

It is intended that this subchapter be administered with the foregoing purposes in mind and specifically so as to:

(1)

Ensure, insofar as practical in permitting development of land and minimizing fire hazard, the maximum retention of natural vegetation to aid in protection against erosion of top soil, preservation of natural scenic qualities and healthy ecosystems of the Town through good conservation practices, protection from flooding or landslides, noise absorption, and in providing habitat, shade and color; and

(2)

Protect mature trees and significant stands of trees in order to retain as many as possible consistent with the purposes set forth herein and also consistent with reasonable economic enjoyment of private property. In this context, privately owned trees have an impact on the quality of life for the entire community.

(Ord. 2006-534, effective 1-11-07)

Sec. 153.432 - Applicability.

The provisions of this section apply to those activities set forth in Section 153.434.

(Ord. 2006-534, effective 1-11-07; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.433 - Emergencies.

In case of emergency, when a significant tree is hazardous or dangerous to life or property, it may be trimmed or removed by order of the Town Manager or his/her designee.

(Ord. 2006-534, effective 1-11-07; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.434 - Permit—Required.

No person shall engage in tree destruction without first obtaining a permit.

(Ord. 2006-534, effective 1-11-07; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.435 - Permit—Application.

(A)

Each application for a tree destruction permit shall be made by the owner of the property or by the owner's authorized agent to the Town's Planning and Building Department on the form furnished for that purpose. Such application shall be accompanied by the following items:

(1)

A sketch of the site depicting the location of the significant trees included in the permit application, including relative proximity to structures, property lines, easements, other trees and other relevant features;

(2)

Description of the significant trees, including species, size, health, and general condition; and

(3)

Photograph of existing site with the significant trees clearly marked with orange ribbon that will remain on the tree throughout the permitting process.

(B)

The Planning Director may require an arborist report to be submitted if the information submitted by the applicant is insufficient to determine the health of the significant trees or any danger the significant trees may pose. In such cases, the Planning Director shall, within ten days, send a letter to the applicant listing the specific application deficiencies that led to the requirement of an arborist report.

(Ord. 2006-534, effective 1-11-07; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.436 - Permit—Application review.

(A)

The Planning Director shall review the application according to the following criteria and grant the permit if any of these following criteria apply to the significant trees.

(1)

They are significantly diseased and at risk of dying, transmitting disease to other trees, or falling down;

(2)

They are a potential hazard to people or structures for other reasons, including but not limited to weak root structure, leaning, and decay;

(3)

Significant trees may be removed as may be required to permit construction authorized by a valid building or grading permit which specifies such removal;

(4)

Thinning (removal of select significant trees) is recommended by a certified arborist for the health of the remaining trees or by the Woodside Fire Protection District for fire protection; or

(5)

They are Eucalyptus, Acacia or Monterey Pine, and are not designated as a landmark.

(B)

Factors in addition to the above that may be considered in support of a denial include, but are not limited to, size of the significant trees, number of trees remaining on the lot, number of same species trees in close proximity whose removal would significantly impact the surrounding ecosystem, timing of the cut, and potential for excessive and unnecessary scarring of the natural landscape through removal of vegetation. The Planning Director may issue a permit but require that the removal be delayed for reasons including, but

not limited to, habitat preservation and avoiding damage to other trees. The Planning Director may also require tree replacement, as provided in Section 153.438.

(C)

The Planning Director may refer the matter to the Town's Conservation and Environmental Health Committee or the Town's Architectural and Site Review Board (ASRB) for a recommendation. In such cases, the Planning Director shall, within ten days, send a letter to the applicant listing the circumstances that led to the referral. If the Planning Director refers the matter to the ASRB, all neighbors with properties adjacent to the property on which the significant trees are located shall be notified in writing in advance of the meeting.

(Ord. 2006-534, effective 1-11-07; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.437 - Protection of significant trees during site development and construction.

(A)

The following provisions shall be adhered to during site development and construction.

(1)

Precautions during site development and construction, including at least the following:

(a)

A fence shall be placed around the drip line of the significant trees insofar as is practical prior to any work, and no construction activities shall be carried out within the drip line except as allowed by the permit;

(b)

Permits for construction within a drip line of any significant trees shall include: provisions for hand trenching within the drip line; construction of approved tree wells to protect against fill; prohibition of grading, cuts, and fills within four feet of a tree base; review of any cutting or trimming, or those provisions recommended by a certified arborist; and

(c)

Appropriate signage must be posted on the fence protecting the significant trees during construction. The sign shall clearly state the purpose of the fence and that machinery and materials are not to be stored within the fenced areas, and work is to occur in the fenced areas only under the supervision of a certified arborist.

(2)

Measures to effect erosion control, soil and water retention and limitation of adverse environmental effects.

(B)

The above protective measures are minimum requirements, and the Planning Director may require additional protection measures if the conditions of the site, development, or construction so dictate to protect significant trees.

(Ord. 2006-534, effective 1-11-07; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.438 - Replacement of significant trees.

When tree replacement is required by the Planning Director, the replacement trees shall be a California native tree species and be planted as near as possible to the original location, unless practical reasons preclude this option. Replacement trees will be of at least a 36-inch box or other minimum size as specified by the Planning Director. Replacement trees shall be planted within one year of removal or, in the case of removal to accommodate construction, prior to final inspection.

(Ord. 2006-534, effective 1-11-07)

Sec. 153.439 - Violations—Penalty.

(A)

Any person or property owner violating provisions of this subchapter with respect to the protection of significant trees that is not fully cured within 20 days shall be required to:

(1)

Replace all affected significant trees in accordance with the provisions of Section 153.438.

(2)

Pay the following fines:

(a)

$5,000.00 for the first significant tree;

(b)

$7,500.00 for the second significant tree; and

(c)

$10,000.00 for each additional significant tree.

(B)

The amounts and conditions for these fines may be changed from time to time by the Town Council by resolution.

(C)

The penalties identified in this subsection are in addition to those identified in Chapter 10 of the Woodside Municipal Code.

(Ord. 2006-534, effective 1-11-07; Am. Ord. 2017-589, effective 8-24-17)

153.440 - STREAM CORRIDOR PROTECTION

Sec. 153.441 - Purposes.

The purposes of this subchapter are:

(A)

To retain major stream corridors in their natural state consistent with the objectives of the General Plan;

(B)

To retain the scenic aspects of the corridor from streamside and adjacent properties;

(C)

To protect fish, riparian vegetation, and wildlife habitat;

(D)

To minimize landslides, erosion, siltation, and sedimentation;

(E)

To provide for natural drainage;

(F)

To protect water quality and stream ecosystems; and

(G)

To eliminate or minimize potential flood damages.

(1975 Code, § 9-2.801) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.442 - Application.

The provisions of this subchapter are intended to apply to those areas designated as stream corridors on the General Plan diagram and other streams, creeks, and waterways as may be designated from time to time by the Planning Commission. For the purposes of this chapter, a stream or creek bank is defined as the point at which the break in slope occurs, and a stream corridor is defined as a horizontal distance of 50 feet, measured from each side of the center line of the stream, or a horizontal distance of 25 feet, measured from the top of the stream or creek bank, whichever is greater. The Planning Commission may establish greater horizontal measurements for specific stream corridors.

(1975 Code, § 9-2.802) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.443 - Uses permitted.

The following uses shall be permitted in the stream corridors designated on the General Plan and other streams, creeks, and waterways as may be designated by the Planning Commission:

(A)

Trails; and

(B)

Emergency flood control measures, subject to the approval of the Town Engineer.

(1975 Code, § 9-2.803) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.444 - Conditional uses.

The following uses shall be permitted if consistent with the stated purposes of this chapter and subject to the approval of a use permit by the Planning Commission:

(A)

Crop and tree farming;

(B)

Nurseries;

(C)

Bridges and roads;

(D)

Utility transmission lines;

(E)

Pastures; and

(F)

Other uses as determined by the Planning Commission to be of the same general character as those set forth in this section and which will not alter the natural upstream or downstream regimen or impair the current or potential uses of adjacent properties.

(1975 Code, § 9-2.804) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.445 - General limitations.

The following limitations shall apply to all uses in stream corridors:

(A)

No removal of riparian vegetation shall be permitted under this chapter within the stream corridor, except that required for the Permitted and conditional uses.

(B)

No filling of the natural stream corridors or dumping of slash, debris, residue from parking or recreation areas, fertilizers, pesticides, herbicides, or liquid or solid waste shall be permitted.

(C)

All agricultural wastes, including manure, shall be kept out of the stream corridor and disposed of in a manner which will prevent drainage from such wastes into the stream corridor.

(D)

No channelization or damming of streams or creeks shall be permitted, unless required or allowed by the Planning Commission.

(E)

Any alteration of, or work in, the stream corridor shall be subject to the approval of the Planning Commission except the work set forth in division (A) of this section or the removal of material which obstructs the normal flow of water within the stream channel.

(F)

No structure, including a fence, shall be permitted within the stream corridor. The cross fencing of the stream corridor shall be permitted subject to the issuance of a permit from the Town Engineer.

(1975 Code, § 9-2.805) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)